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HomeMy WebLinkAboutMN-CC-1996-03-06 01 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7 : 00 p.m. March 6 , 1996 PRESENT: Mayor Cohen Alderpersons (10) - Johnson, Efroymson, Gray, Hanna, Sams, Thorpe, Mackesey, Shenk, Blumenthal, Marcham OTHERS PRESENT: City Clerk - Conley Holcomb City Attorney - Geldenhuys City Controller - Cafferillo Deputy City Controller - Thayer Planning and Development Director - Van Cort Superintendent of Public Works - Gray Community Development Administrator - Stevenson Fire Chief - Wilbur Acting Police Chief - Barnes Assistant to Youth Bureau Director - Green Building Commissioner - Eckstrom Board of Public Works Commissioner - Reeves PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. MINUTES• Approval of the Minutes of the December 6, 1995 Common Council Meeting By Alderperson Johnson: Seconded by Alderperson Gray RESOLVED, That the Minutes of the December 6 , 1995 Common Council meeting be approved as published. Carried Unanimously Approval of the Minutes of the January 3, 1996 Common Council Meeting By Alderperson Johnson: Seconded by Alderperson Thorpe RESOLVED, That the Minutes of the January 3 , 1996 Common Council be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Community Issues Committee Alderperson Mackesey requested the deletion of Item 17 . 1 , A Resolution Directing the City Prosecutor' s Office to Compile Statistical Information on Domestic Violence . Alderperson Sams stated that this matter will be discussed further at the Community Issues Committee meeting on March 13 , 1996 . No Council member objected. Planning and Economic Development Committee Alderperson Blumenthal requested that Items 16 . 1 and 16 . 2 be reversed on the agenda. No Council member objected. Youth Award Alderperson Thorpe announced that the Youth Award for the Fifth Ward will be postponed until the April Common Council meeting. No Council member objected. 1 of March 6, 1996 SPECIAL ORDER OF' BUSINESS: Public Hearing - To Consider an Ordinance Amending Section 325-20 Entitled "Off-gtreet Parking" of Chanter 325 Entitled "Zoning" of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Thorpe : Seconded by Alderperson Gray RESOLVED, That the Public Hearing to consider an Ordinance amending Section 325-20 entitled "Off-Street Parking" of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code be declared a open. Carried Unanimously The following people spoke to Council in favor of the intent of the Ordinance, but felt that several sections were in need of revisions : Ms . Betsy Darlington, City of Ithaca Ms . Jill Brantley, City of Ithaca Ms . Frances Weissman, City of Ithaca The following people spoke to Council in opposition of the Ordinance, but favored revisions : Ms . Jane A. Schafrik, Town of Ithaca Mr. Guy Gerard, City of Ithaca Dr. James Orcutt, City of Ithaca Resolution to Close Public Hearing By Alderperson Johnson: Seconded by Alderperson Mackesey RESOLVED, That the Public Hearing to consider an Ordinance amending Section 325-20 entitled "Off-Street Parking" of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code be declared closed. Carried Unanimously Public Hearing - To Consider an Ordinance Amending Sections 1-1, 325-23 , 325-47 and 331-4 of they City of Ithaca Municipal Code Regarding Exterior Property Maintenance Resolution to Open Public Hearing By Alderperson Johnson: Seconded by Alderperson Shenk RESOLVED, That the Public Hearing to consider an Ordinance amending Sections 1-1, 325-23 , 325-47 and 331-4 of the City of Ithaca Municipal Code Regarding Exterior Property Maintenance be declared open. Carried Unanimously The following persons spoke to Council in support of the proposed Exterior Property Maintenance Ordinance : Ms . Tracy Ferrel, City of Ithaca Ms . Carol Reeves, City of Ithaca Ms . Betsy Darlington, City of Ithaca Mr. Guy Gerard, City of Ithaca Ms . Frances Weissman, City of Ithaca Ms . Veet Deha, City of Ithaca, suggested several wording amendments to the composting section of the proposed ordinance . She further stated that if food waste composting is not done correctly, it could pose the danger of increased attraction of rats and vermin. The following persons spoke to Council in opposition to the Exterior Property Maintenance Ordinance : Mr. Charles Elliott, City of Ithaca too Ms . Elizabeth Dissin, City of Ithaca Ms . Patricia Lengermann, City of Ithaca Mr. Tim Allen, City of Ithaca Ms . Jill Brantley, City of Ithaca Mr. Scot Raynor, City of Ithaca 2 03 March 6, 1996 Resolution to Close Public Hearing By Alderperson Efroymson: Seconded by Alderperson Johnson RESOLVED, That the Public Hearing to consider an Ordinance amending Sections 1-1, 325-23 , 325-47 and 331-4 of the City of Ithaca Municipal Code Regarding Exterior Property Maintenance be declared closed. Carried Unanimously MAYOR' S APPOINTMENTS: Bicycle Advisory Council Mayor Cohen requested Council approval for appointment of David Kreinick to the Bicycle Advisory Council, with a term to expire December 31, 1998 . Resolution By Alderperson Johnson: Seconded by Alderperson Shenk RESOLVED, That this Council approves the appointment of David Kreinick to the Bicycle Advisory Council, with a term to expire December 31, 1998 . Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Ithaca Landmarks Preservation Commission Re-appointment Ms . Mary Raddant Tomlan, City of Ithaca, addressed Council regarding the re-appointment of Michael Cannon to the Ithaca Landmarks Preservation Commission. She also read letters of support for the re-appointment from Stephen Somogy and Robert Doherty. Route 96 DoT Project/Buffalo Street Ms . Cynthia Yahn, City of Ithaca, speaking on behalf of the residents and business owners on the 600 block of Buffalo Street, thanked Council for helping to mitigate the consequences of the Route 96 DoT project by approving a parking lot . The neighborhood will lose their on-street parking in May. Negotiations for the site of the parking lot are ongoing, and the issue of residential parking permits still needs to be resolved. Ms . Yahn requested assistance from the City to negotiate with DoT and Santoro, to allow the residents to park on the street at night in the places that aren' t current construction sites . Public Speakers Before Council Ms . Elizabeth Dissin, City of Ithaca, spoke to Council regarding the practice of having a speaker state their address publicly. She suggested that the speakers be instructed to write their addresses for the record on the sign in cards, and only state publicly the municipality in which they reside in. RESPONSE TO PUBLIC: Alderpersons Shenk, Johnson, Blumenthal, Marcham responded to concerns raised in regards to the Off-street Parking and the Exterior Property Maintenance Ordinances . Alderperson Efroymson urged Council to work with the Buffalo Street residents to find solutions to the interim parking problems . Alderperson Hanna encouraged Council to accept Ms . Dissin' s suggestions regarding speakers announcing their addresses publicly. RECESS: Common. Council recessed at 8 : 45 p.m. and reconvened in regular session at 9 : 00 p.m. REPORT OF CITY BOARDS COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported on the following items : The Board passed a resolution recommending the passage of B&A Item 19 .4 - Request to Temporarily Reduce Support Staff Hours/Water & Sewer Dept . 3 04 March 6, 1996 The Board passed 'a resolution denying a request from Alpha Sigma Phi Fraternity to remove the parking meters in the 800 block of Stewart Avenue . The request was ]based on the Fraternity' s lack of off-street parking and difficulties incurred as a result of their driveway layout . A review of the parking meter revenues has been scheduled for September. The Board passed a resolution recommending an amendment to Section 320-4 entitled "Prohibited Activities" of the City of Ithaca Municipal Code . This section currently prohibits rock and ice climbing in the Six Mile Creek gorge area, and the Board is recommending that an exception be made to allow certain activities under the direct supervision of the Youth Bureau, and the Ithaca Fire Department . COMMUNICATIONS FROM THE MAYOR: Proclamations for the Month of March 1996 Mayor Cohen announced the following proclamations : Ithaca Tompkins County Trails Week - March 7 -13 , 1996 Tibetan National Day - March 10, 1996 Eva Dougan Day - March 12 , 1996 Mayor Cohen stated that he received a letter from Yarrow Nelson supporting some of the initiatives that the City has taken in regards to bicycles . Mayor Cohen further stated that he received a letter from Mary Johns expressing her appreciation to Peter Dieterich and Linda Jain, from the Building Department, for their assistance . REPORT OF THE CITY ATTORNEY: East Coast Development Case City Attorney Geldenhuys noted that the Judge upheld the Planning POW Board' s decision to deny the application of East Coast Development for WalMart on the Elmira Road site. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: An Ordinance Amending Section 325-20 Entitled "Off-Street Parking" of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code By Alderperson Blumenthal : Seconded by Alderperson Hanna ORDINANCE 96-3 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows : Section 1 . That the current Section 325-20 entitled "Off-street parking" of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code be deleted in its entirety and replaced with the following new Section 325-20 : § 325-20 . Off-street parking. A. Purpose and Intent . The intent of this section is to regulate uniformly the development of off-street parking for both public and private uses . The following regulations are designed to provide adequate parking and safe vehicle movements while minimizing any detrimental effects two I to adjacent properties, to surrounding neighborhoods and to the environment . B . Applicability. Except as specified in Section 325-8 , the "District Regulations Chart, " Section 325-20 shall, after the effective date, govern the creation or expansion of all off-street 4 05 March 6 , 1996 parking areas . The creation or expansion of certain larger off- street parking areas is also subject to Site Development Plan Review. (See Chapter 276 for the applicability of Site Development Plan Review. ) Section 325-20 shall also govern the maintenance of all off-street parking areas . C. General requirements . (1) General standards for all off-street parking areas . (a) Required maintenance . So long as they remain in use as such, all parking areas and associated driveways and vehicle maneuvering areas as well as any required screening, plantings and drainage systems must be maintained to preserve their intended function and to prevent nuisances or hazards to people, surrounding properties and public ways . Any planting required by the provisions of this section (such as planting for the purpose of screening or shading) that dies, or in the opinion of the City Forester becomes too unhealthy to serve its intended function, shall be replaced at the earliest occurring suitable planting season by healthy planting that satisfies the provisions of this section. (b) No refuse or litter. All parking areas, including associated driveways, vehicle maneuvering areas and interior or peripheral planting areas, must be kept free of refuse or litter. (c) Clear boundaries . All parking areas, including associated driveways and vehicle maneuvering areas, shall have clearly defined boundaries . A clearly defined boundary shall mean, at a minimum, the existence of a distinct edge to the material used to pave the parking area, such that the yard area where parking is permitted is clearly distinguished from the yard area where parking is not permitted. (d) Drainage. All newly constructed or enlarged parking areas, including associated driveways and vehicle maneuvering areas, shall have adequate provisions to prevent surface or runoff water from draining to or across adjoining properties during, at a minimum, a two-year (2 year) storm event . Storm water runoff shall not be designed to flow across any public sidewalk as a primary method of delivering the runoff to a storm water facility. All drainage systems in existing parking areas shall be maintained in good working order. (e) Street permits . No curb cut, driveway entrance and/or drainpipe in the street right-of-way shall be built unless a street permit has first been obtained from the City Engineer. (f) Combined curb cuts . Driveways on adjacent lots may be side by side and should be combined whenever possible . (g) City tree removal . There shall be no removal of any tree located on City property unless approval has first been granted by the City Forester. (h) Certificates of Appropriateness . Any proposed parking development in areas under the jurisdiction of the Ithaca Landmarks Preservation Commission must obtain a Certificate of Appropriateness from the Commission before a building permit can be issued. (i) Building permits required. In all zoning districts, no parking area may be constructed, added to or altered (except for routine repairs in kind or other minor alteration of an existing parking area that do not change the parking area' s size, capacity or configuration) until a building permit therefor has been issued by the Building Commissioner. 5 o6 March 6 , 1996 All such building permits shall be in accordance with this chapter' s requirements . (2) Parking space size requirements . (a) Parking space size requirements for parking areas with ten (10) or fewer parking spaces . [1] For such parking areas, a parking space shall have a minimum dimension of eight (8) feet by eighteen (18) feet, exclusive of passageways, maneuvering space and driveways appurtenant thereto r and giving access thereto. The edge of the parking space pavement may be up to two (2) feet inside the outermost line of the parking space where unobstructed vehicle overhang is available. All parking spaces shall have adequate access . (b) Parking space size requirements for parking areas with eleven (11) or more parking spaces . [1] Driveway aisles . In residential zoning districts, one-way driveway aisles shall have a minimum width of ten (10) feet . In non-residential zoning districts, one-way driveway aisles shall have a minimum width of twelve (12) feet . In all zones two-way driveway aisles shall have a minimum width of twenty (20) feet and a maximum width of twenty-four (24) feet . [2] Perpendicular parking. For parking perpendicular to the driveway aisle, parking spaces shall be eight (8) feet six (6) inches by eighteen (18) feet . The edge of the parking space pavement may be up to two (2) feet inside the outermost line of the parking space where unobstructed vehicle overhang is available . [3] Parallel parking. For parking parallel to the driveway aisle, parking spaces shall be eight (8) feet six (6) inches by twenty ,..� (20) feet . [4] Angle parking. For angle parking, a standard parking space shall have a minimum area of two hundred fifty five (255) square feet, the length of which shall be measured, at the same angle of parking, from the center of the outermost edge of the parking space to the center line of the driveway aisle giving access to the parking space . The edge of ,the parking space pavement may be up to two (2) feet inside the outermost line of the parking space where unobstructed vehicle overhang is available . (See illustration) (c) Possible variation from above standards under Site Development Plan Review. The Planning and Development Board may, at its discretion, allow parking space sizes that vary from the above standards in those instances where Chapter 276 , Site Development Plan Review, applies . (d) Parking for people with disabilities . For parking for people with disabilities the combined width of parking and loading aisle shall be in compliance with the New York State Uniform Fire Prevention and Building Code . (3) Access requirements . (a) Maximum driveway grades . Driveways to areas containing parking ,ter spaces for four (4) or more vehicles shall be graded to form a street entry with a maximum grade of eight (8) percent for a distance of twenty five (25) feet from the curb line. (See illustration) (b) Clear access . All parking spaces shall have access to the street, and access drives to parking areas for four or more cars shall be kept clear and open to the street at all times . 6 I 07 March 6 , 1996 (4) Location requirements . (a) All parking spaces provided pursuant to this section shall be on the same lot as the building, use or activity that they serve, except that off-street parking applicable to the amounts specified by this chapter of the Code may be provided on one or more lots other than that on which the building, use or activity is located, provided that all of the following conditions are met : [1] Off-site parking for non-residential uses, except retail uses, may be provided within seven hundred fifty (750) feet along public pedestrian thoroughfares, measured from property line to property line . [2] Off-site parking for residential uses may be provided within one thousand (1000) feet along public pedestrian thoroughfares, measured from property line to property line . (3) Off-site parking for retail uses may be provided within two hundred fifty (250) feet along public thoroughfares measured from property line to property line . [4] All off-site parking areas must be located in a zoning district in which the building, use or activity that the off-site parking is intended to serve is a permitted use . [5] All land which is used to provide off-site parking must be restricted to that use only, for as long as the building is occupied by the use which requires off-street parking or until substitute parking, approved by the Building Commissioner, is provided. Evidence of such off-site parking shall be provided in the form of a recorded covenant, long-term lease or comparable document that is approved by the Building Commissioner. (5) Number of parking spaces required. (a) Parking spaces required for specific uses . Off-street parking spaces shall be provided and maintained in accordance with section 325-20 (C) (1) by the property owner for each use or building which is a newly established, erected, or enlarged after the effective date of this ordinance [March 6 , 19961 , as specified in the following chart : Use' Spaces Required' Adult day-care home or group 1 for client use, plus 1 per 2 adult day-care facility. supervisory staff or employees not residing on the premises . Cooperative household. 1 per 2 persons housed. Dormitory. 1 per 4 persons housed. Dwelling unit . 1 per 3 bedrooms or sleeping rooms or part thereof, plus 1 per 2 additional bedrooms or sleeping rooms or part thereof, plus 1 per additional bedroom or sleeping room in excess of 5 such rooms . Fraternity, sorority or group 1 per 2 persons housed. house . Rooming or boarding house . 1 per 3 persons housed. Auditorium or theater. 1 per 5 seats . Bar, tavern or restaurant . 1 per 50 square feet of net floor area of the assembly space . Bed-and-breakfast home or 1 per guest room. ["' bed-and-breakfast inn. Bowling alley. 2 per bowling lane . Church, funeral home or 1 per 10 seating spaces . mortuary. 7 8 March 6, 1996 Fitness center or health club. 1 per 5 persons allowed as determined by the maximum occupancy load. Hospital or nursing or 1 per 5 patient beds . convalescent home . Hotel or motel . 1 per guest room. Medical or dental office . 1 per 250 square feet of net assignable floor area. Nursery school, child day-care 1 per 2 employees plus 1 per 15 "" center or private elementary or pupils enrolled. secondary school . Office or bank. 1 per 250 square feet of net assignable floor area. Retail store or neighborhood 1 per 500 square feet of net commercial facility. assignable floor area. Wholesale or industry. 1 per 2 employees on maximum work shift . Boat launch. 8 per ramp.' Boat storage or repair. 1 per 2 employees on maximum shift . Boatel . 1 per 2 sleeping rooms . Marina. 1 per 4 berths . Yacht club. 1 per 4 member families . NOTES TO ABOVE CHART: 1 In the case of mixed use of a building or property, the space requirements shall be computed for each use, and the total requirements for all uses shall be provided in accordance with this section. 2 See also the District Regulations Chart . 3 Unless the Zoning Board of Appeals, upon consideration of all relevant factors, including but not limited to the easy availability of on-street parking or the expectation that a lesser parking requirement will meet the parking needs of the use, determines during consideration of the bed-and-breakfast home or bed-and-breakfast inn special permit that a lesser off-street parking requirement is appropriate and will not have a negative impact on the surrounding neighborhood. 4 Boat launching ramps shall maintain seventy five (75) percent of their parking spaces at a size of ten by forty (10 x 40) feet to accommodate boat trailers . Consult the New York State Parks and Recreation Department on space requirements for maneuvering. (b) Physical character of parking spaces . Each parking space provided to satisfy the requirements of the above chart shall be even-surfaced and internally unobstructed by structures, walls, landscape elements or other obstructing features, except that low curbs or wheel stops may be located within or adjoining a space if they do not impede vehicular access to or egress from the parking space . (c) Counting of end-to-end parking spaces . When determining the number of off-street parking spaces provided to fulfill the number omw of off-street parking spaces required for a use, no more than one pair of end-to-end parking spaces shall be counted, unless all spaces have adequate maneuvering space or direct street access . This is not to prevent the use of a parking area for more than a single pair of end to end parking spaces if conditions warrant . (d) Shared parking. In a case where two or more establishments on the same lot, or on lots meeting the distance requirements found in Section 325-20 .C. (4) (a) of this section, have substantially different operating times, the Building Commissioner (or, in the 8 09 March 6 , 1996 case of a project subject to Site Development Plan Review, the Planning and Development Board) may approve the joint use of parking spaces, provided the Building Commissioner or the Board finds that the intent of the requirements of Section 325-20 is fulfilled by reason of variation in the probable time of maximum use by patrons and employees among such establishments . D. Parking in front yards . (1) In all residential districts, all front yard parking within fifteen (15) feet of the front property line is restricted to a motor vehicle orientation that is within ten (10) degrees of perpendicular to the street . (See illustration below. ) (2) In all residential districts, parking in the front yard of lots which have a width at the street line of fifty (50) feet or less shall be restricted to parking within a driveway that is perpendicular to the street, or that is within ten (10) degrees of perpendicular to the street . Such driveway shall not be more than twelve (12) feet wide for the portion that passes through the front yard. (See illustration below. ) (3) In all residential districts, parking in the front yard of lots which have a width at the street line of more than fifty (50) feet shall be restricted to an area not greater than twenty-five (25) percent of the total area of the front yard, including turnaround and other vehicle maneuvering areas and driveways leading to garages and parking areas . (See illustration below. ) (4) In all districts, on corner lots with more than one front yard as defined in this Code, front yard parking according to the above provisions shall only be permitted on one of the front yards . (5) In all districts, where a parking area will use a front yard, the use of the front yard for parking and associated maneuvering space shall not exceed the amounts permitted by this section. Any permitted front yard parking area shall have a clearly defined boundary as required by Section 325-20 .C. (1) (c) ; and the remainder of the front yard shall be landscaped in keeping with the surrounding neighborhood. (6) In all districts, when a parking area is established on a lot that does not contain a building, an area equivalent to the front yard that would be required if a building did stand on the site shall be kept free of parking (except for an access drive to the parking area) . The area equivalent to the front yard that would be required if a building did stand on the site shall be landscaped in keeping with the surrounding neighborhood and shall be separated and protected from the parking area by a suitable fence or safe barrier. (See the more detailed screening requirements described below for parking areas within residential zoning districts . ) E. Requirements for new or enlarged parking areas that park a total of four (4) or more cars on lots within residential zoning districts : (1) General requirements . (a) Required permits . Plans for any new parking area for four (4) or more cars on a lot within a residential zoning district--or plans for the addition of one or more parking spaces to an existing parking area within a residential zoning district, such that the resulting parking area will park four (4) or more cars--must be submitted to the Building Commissioner for the required building permit . Proposed parking development in areas under the jurisdiction of the Ithaca Landmarks Preservation Commission must also obtain a Certificate of Appropriateness from the Commission before a building permit can be issued. A street permit for a 9 10 March 6, 1996 driveway entrance and curb cut and/or drainpipe in the street right-of-way shall be obtained fr m the City Engineer. (b) Screening. The entire parking area, except entrances and exits, shall be screened from public ways and adjacent properties . Screening devices shall be at least four (4) feet high, except where they are within ten (10) feet of the entrance or exit . Screening may consist of hedge planting, walls, fences, trellises, or a compatible combination of these elements . Screening is not required where the parking area is screened from the view of adjoining properties by buildings or other accessory structures located on the same parcel as the parking area. Similarly, screening is not required where huildings or accessory structures without windows or other openings facing the parking area or other such screening devices exist on neighboring parcels and effectively screen the parking area. However upon removal of said building, accessory structure or other such screening device by the adjoining property owner, the required scr ening shall be installed within one (1) year. [1] Planting for the purpose of screening. Planting for the purpose of screening shall reasonably be expected to form a year-round dense screen at least four fee high within two years of the initial planting. Planting area shall be curbed or otherwise protected from vehicle damage o the parking area sides, be at least five (5) feet wide, and ha e a minimum three (3) foot deep excavation prior to planting. [2] Fences and walls for the purpose of screening. Fences for the purpose of screening must be sufficiently opaque, whether alone or in combination with planting or other design elements, to function as an effective visual barrier. walls for the purpose of screening must be compatible in scale, texture and color with surrounding structures . (c) Access . The portion of access drives extending from the street to the sidewalk, or to the property line if no sidewalk exists, must be hard-surfaced with concrete, brick, asphalt or other approved material, as required by the City Engineer. Drives must be at least eight (8) feet wide, and have clear visibility to the street . Any required screening m st be so designed that it shall not interfere with sight lines necessary for pedestrian and driver safety. (d) Drainage. Surface or runoff water must be collected and transmitted or piped to the nearest storm sewer or, if a storm sewer is not available, then through underground piping to the street gutter, or provisions shall be made for storm water retention or recharge . Storm w ter drainage systems, including their connections to public storm water facilities, shall be in accordance with this Code, and slaall be subject to approval by the City Engineer. The minimum size of any pipe installed to deliver runoff to a storm sewer shall be twelve (12) inches in diameter. when conditions warrant, the City Engineer may require installation of a sump in the last structure in a parking area runoff collection system prior to the delivery of s orm water to a public storm water facility. Installation, maintenance and repair of any pipe delivering storm water to a public storm water facility shall be the responsibility of the pro erty owner. Such installation, maintenance and repair within a ublic right-of-way shall only be performed with the written permi Sion of the City Engineer. i (e) Surface . The surface of the parking area and that portion of the access drive which is not included in item (c) above shall conform to generally accepted standards and shall at a minimum be a maintainable surface which will. support the sustained loads . The surface shall be such as to minimize erosion and be graded to prevent drainage of surface wate from the parking area and access 10 I i 11 March 6 , 1996 drives onto adjacent properties, sidewalks or streets under normal conditions . Acceptable surface materials include crushed stone, brick, concrete, asphalt or similar materials . (f) Maintenance . The landscaping or other elements used to comply with Section 325-20 .E. shall be maintained, replaced, or pruned as required to fulfill this section' s standards, including provision of the required screening and compatibility with the surrounding residential neighborhood. (2) Compliance methods . Plans for parking areas for four (4) or more cars within residential zoning districts must conform with either the "Setback compliance method" or the "Landscaping compliance method" described respectively in subparagraphs (a) and (b) below. Such plans must also comply with all other general and specific standards of Section 325-20 . (a) Setback compliance method. Parking areas using the "setback compliance method" shall conform to the following standards : [1] Setbacks . The parking area shall be located a minimum distance of five (5) feet from any side or rear interior lot line . These setbacks shall not apply to any driveway up to twelve (12) feet in width that provides access for vehicles . [2] Maximum yard coverage . The parking area, excluding any driveway up to twelve (12) feet in width that provides vehicle access to a street, but including all other turn-around and vehicle maneuvering areas associated with parking, shall not cover more than fifty (50) percent of any side or rear yard. (b) Landscaping compliance method. A plan for a parking area using the "landscaping compliance method" shall be submitted to the Planning and Development Board for review, unless the proposed site is under the jurisdiction of the Ithaca Landmarks Preservation Commission, in which case the plan shall be submitted instead to the Commission for review. The Board may designate a member of the Department of Planning and Development to approve such a parking area on its behalf . The required building permit shall not be issued until a plan approved by either the Board, the Board' s designee or the Commission, as appropriate in each case, is on file in the Building Department . The reviewing body may, at its discretion, approve a parking area that covers more than fifty (50) percent of any side or rear yard, if the reviewing body finds that mitigating factors such as, but not limited to, the following exist : [1] Natural land forms or tall vegetation provide significant shielding of views toward the parking area from the street and/or adjacent properties . [2] The configuration of the parking area protects and preserves existing healthy and mature vegetation, especially trees over eight (8) inch DBH (diameter at breast height) . [3] One or more curbed and landscaped planting areas are provided within the parking area. Any such interior planting area shall be a minimum of eighty (80) square feet with no dimension being less than eight (8) feet . [4] The parking area will be substantially shaded by existing woodland or canopy trees, or the parking area plans call for the planting of trees of a species that, at maturity, will provide canopy shading. Trees currently or prospectively providing such shade may be located around the periphery of the parking area or in interior planting areas . Any such interior planting area accommodating such canopy trees shall be a minimum of eighty (80) 11 i 12 March 6, 1996 square feet with 'rio dimension berg less than eight (8) feet . Such interior planting areas shall be curbed and have a minimum three (3) foot deep excavation prior tc planting. [5] All property owners using the landscaping compliance method must notify surrounding property wners by placing a notice at the project site in the form prescribed by the Planning and Development Board or the Ithaca Landmarks Preservation Commission as appropriate . Sam. F . Parking areas on lots in non-re idential zoning districts . Plans shall be submitted for any employee, customer and/or public parking area on a lot in a nonresidential zoning district, or for a residential parking area for four (4) or more cars on a lot in a non-residential zoning district, or the required building permit . The plans shall conform to the fol owing regulations and standards, in addition to all other applica le portions of Section 3 25-20 : (1) Access . The portion of access' drives extending from the street to the sidewalk, or to the property line if no sidewalk exists, must be hard-surfaced with concrete, brick, asphalt or other approved material as required by he City Engineer. Drives must be at least ten (10) feet wide, and have clear visibility to the street . Edges of access drives shall be readily visible, and divisions between lanes on mul�i-lane access drives shall be marked. i (2) Required front yard. Fron yards shall conform to the requirements of the district in which the parking lot is located. (3) Drainage . Runoff water must be collected and transmitted or piped to the nearest storm sew r or, if a storm sewer is not available, then through undergrou id piping to the street gutter, or provisions shall be made for storm water retention or recharge. Now Storm water drainage systems, including their connections to public storm water facilities, shall be in accordance with this Code, and shall be subject to approval by the City Engineer. The minimum size of any pipe installed to deliver runoff to a storm sewer shall be twelve (12) inches in diameter. Torhen conditions warrant, the City Engineer may require installation of a sump in the last structure in a parking area runoff collection system prior to the delivery of storm water to a public storm water facility. Installation, maintenance and repair of any p 'pe delivering storm water to a public storm water facility shall be the responsibility of the property owner. Such installation, maintenance and repair within a public right-of-way shall only be performed with the written permission of the City Engineer. ' (4) Surface . The surface of the parking area and that portion of the access drive which is not in luded in item (1) above [in the public right-of-way] shall conform to generally accepted standards and shall at a minimum be a maintainable surface which will support the sustained loads . The surface shall be such as to minimize erosion and be graded to prevent drainage of surface water from the parking area and access drives onto adjacent properties, sidewalks or streets under normal conditions . Acceptable surface materials include crushed stone, brick, concrete, asphalt or similar materials . (5) Parking areas on non-residential zoning district lots when such lots are contiguous to residentia zoning district lots . A parking area on a nonresidential zoning district lot when such lot is contiguous to a residential zoning district lot shall be screened from the residential zoning district lot by a solid fence or wall at least six (6) feet high, except within ten (10) feet of the parking area' s entrance or exit . Such fence or wall shall be protected by wheel stops that pre ent cars from damaging the fence or wall . Such screening is not required where the parking area is l� i 13 March 6, 1996 screened from the view of' the adjoining residential property by a building or other accessory structure located on the same parcel as the parking area. Similarly, such screening is not required where a building or accessory structure without windows or other openings facing the parking area or other such screening device exist on adjoining residential parcels and effectively screen the parking area. However, upon removal of said building, accessory structure or other such screening device by the adjoining property owner, the required screening shall be installed within one (1) year. Section 2 . Current Municipal Code Section 325-39, entitled "Neighborhood and private parking area permits, " shall be deleted in its entirety, and current Sections 325-40 through 325-48 shall be renumbered respectively as Sections 325-39 through 325-47 . Section 3 . Severability. If any clause, sentence, paragraph, section, or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 4 . This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Discussion followed on the floor with Building Commissioner Eckstrom answering questions from Council members regarding shared driveway provisions, required parking, and driveway aisles . Amending Resolution By Alderperson Efroymson: Seconded by Alderperson Thorpe RESOLVED, That Section C (2) (b) [1] , Driveway Aisles, be amended to change the required minimum width of a one-way driveway, in residential zones, to eight (8) feet . A vote on the amending resolution resulted as follows : Ayes (2) - Efroymson, Mackesey Nays (8) - Johnson, Hanna, Marcham, Blumenthal, Shenk, Gray, Thorpe, Sams Motion Fails MAIN MOTION: A vote on the Main Motion resulted as follows : Ayes (9) - Efroymson, Sams, Shenk, Blumenthal, Hanna, Gray, Johnson, Mackesey, Marcham Nay (1) - Thorpe Carried * 16.1 An Ordinance Amending Sections 1-1, 325-23 325-47 and 331-4 of the City of Ithaca Municipal Code Regarding Exterior Property Maintenance This Agenda Item was referred back to the Planning and Economic Development Committee for further review. * 16 . 3 Sale of City Hall Annex by Ithaca Urban Renewal Agency By Alderperson Blumenthal : Seconded by Alderperson Hanna WHEREAS, the Common Council authorized the Ithaca Urban Renewal Agency (IURA) to sell the City Hall Annex, and 13 I March 6, 1996 WHEREAS, the IURA issued a request for purchase proposals that included the following three criteria: 1 . Purchase price. 2 . Proposed reuse of the proper :y in terms of its benefit to the surrounding area. 3 . Capability of the sponsor to carry out the proposed project; and WHEREAS, Bruno and Cathleen Sc ickel submitted a proposal that offered a reasonable price, outlined an acceptable proposed reuse for the property and demonstrated both financial and technical capability to complete the project, and WHEREAS, the IURA is recommendi g that the Annex be sold to the Schickels; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca approves Bruno and Cathleen Schickel as qualified and eligible sponsors in accordance with the established lules and procedures prescribed by the Ithaca Urban Renewal Agency, and be it further RESOLVED, That 1) Common Council of the City of Ithaca authorizes acceptance of the proposal; 2) this acceptance is in accordance with the approved disposition program for project land and furtherance of the Ithaca Urban Renewal Plan; and 3) the sponsor possesses the qualifications and financial resources necessary to meet the objectives of the Ithaca Urban Renewal Plan for the disposition of land in questicin under the disposition method selected by the Ithaca Urban Renewal Agency. Carried Unanimously * 16 .4 Traffic Calming - Referral to Board of Public Works Committee for Traffic Issues By Alderperson Blumenthal : Seco ded by Alderperson Thorpe WHEREAS, the Planning & Development Department was directed by the Common Council to study alternatives for traffic calming, and WHEREAS, a report cataloging tra fic control devices and programs has been submitted to the Planning and Economic Development Committee, and WHEREAS, the City' s Task Force or. Traffic Issues has submitted its report to Common Council, and WHEREAS, that report has been ad pted by the Common Council; now, therefore, be it RESOLVED, That the issue of traf is calming be referred to the BPW Committee for Traffic Issues, and be it further RESOLVED, That the Committee fo Traffic Issues be requested to report back to the Common Council Planning and Economic Development Committee regarding possible 1 cations for the installation of prototype traffic calming devices . Discussion followed on the floor regarding staffing shortages and *" the increased workload in the En ineering Department . A vote on the resolution resulted as follows : Ayes (9) - Blumenthal, Thorpe, Mackesey, Sams, Gray, Shenk, Johnson, Efroymson, Marcham Nay (1) - Hanna Carried 4 15 Larch 6 , 1996 Cliff Street Parking Lot - Report Alderperson Blumenthal reported that the Cliff Street residents have requested that the City construct a public parking area at 701-705 Cliff Street . She further noted that with the increased development of West Hill , the parking pressures will increase in that area. The parking lot would accommodate approximately sixteen cars which would require the demolition of two houses which are in relatively poor condition. The project would also include a path which would lead from Cliff Street to Cass Park. Planning Department staff is developing cost estimates with the aGsistance of one of the contractors of the Route 96 project . Fill is currently available from the Route 96 project which would reduce the cost of the lot substantially. City Environmental Quality Review Ordinance - Report Alderperson Blumenthal noted that new regulations were passed in January 1996 that amended the State Environmental Quality Review Act (SEQR) and staff needs to review the City' s CEQR law to see if revisions are required to conform to State law. Alderperson Blumenthal noted that a comparison of these documents is a relatively large project and will take a several weeks to complete . Planning staff has recommended hiring a summer intern to make those comparisons, prepare a report and draft appropriate recommendations and options . Alderperson Blumenthal further noted that the Planning and Economic Development Committee will be reviewing the work of the Ithaca Landmarks Preservation Commission at the April meeting. The new SEQR excludes environmental review for the designation of historic properties and for historic preservation permits . The City' s CEQR currently requires environmental reviews, and the committee will be discussing whether or not to conform with State law. 16.7 Community Reinvestment Act - _ Report Alderperson Blumenthal reported that a three-person community group has met three or four times with representatives from M&T Bank. Jeff Furman, Chair of the committee, has reported that are approximately twenty-five items that M&T Bank agreed to institute . Some of the items have been addressed and resulted in modest gains, and other items have required additional work and the results have been disappointing. Mr. Furman believes that a distinction needs to be made between fulfilling the agreement, and meeting the community' s needs . Although M&T Bank has fulfilled the terms of the agreement, more needs to be done by both M&T and other financial institutions . A report has been submitted to the Planning and Economic Development Committee which details the specific items and results of the agreement . LAW AND GOVERNANCE COMMITTEE: * 18 . 1 An Ordinance Amending Chapter 90 Entitled "Personnel" of the City of Ithaca Municipal Code By Alderperson Efroymson: Seconded by Alderperson Gray Ordinance No. 96-4 An ordinance amending Chapter 90 entitled "Personnel" of the City of Ithaca Municipal Code. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows : Section 1. That Chapter 90, entitled "Personnel" of the City of Ithaca Municipal Code is amended as follows : 15 March 6 , 1996 1 . That Subdivision D of Section 90-67 entitled Police Personnel is hereby amended to read as follows : "D. - Police Personnel below the rank of Police Chief" . Section 2 . This Ordinance shall take effect immediately in accordance with law upon publication of notices as provided in the Ithaca City Charter. Discussion followed on the floor regarding residency requirements for Police Department personnel . A vote on the resolution resulted as follows : Ayes (8) Efroymson, Johnson, Shenk, Hanna, Mackesey, Gray, Marcham, Blumenthal Nay (1) - Thorpe Abstention (1) - Sams Carried *18 .2 Resolution to Authorize intermunici al Cable Television Commission to Request Proposals to Provide Cable Communication Service in Tom kins Count and o Negotiate Toward a Franchise Agreement With a Cable Service Provider By Alderperson Efroymson: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca recognizes the advantage of cooperation with other municipalities with regard to cable franchise issues, and WHEREAS, the Tompkins County Intermunicipal Cable Television Commission has been formed pursuant to Article 5-G of the New York State General Municipal Law for the purpose of advising municipalities on matters pertaining to cable television franchising and service, and holding public hearings when and where appropriate, all in order to promote the provision of good cable A television service at reasonable rates to the residents of Tompkins County, and WHEREAS, the City of Ithaca is a member of the Tompkins County Intermunicipal Cable Television Commission; now, therefore, be it RESOLVED, That the City of Ithaca does hereby authorize the Tompkins County Intermunicipal Cable Television Commission to request proposals to provide cable communications service in Tompkins County and to 'negotiate toward a franchise agreement with a cable service provider, including conducting such public hearings as the Commission deems appropriate, reserving however to the City of Ithaca the ultimate approval, disapproval or amendment of the franchise agreement so negotiated, and be it further RESOLVED, That the Commission is hereby authorized to obtain from Time Warner on behalf of the City of Ithaca such information as the Commission deems appropriate, and this resolution shall be deemed the specific instruction and direction of the City of Ithaca to Time Warner to provide such information as the Commission, as agent of the City of Ithaca, may request . Carried Unanimously * 18 .3 Resolution in Support of Funding Restoration for NYS Occupational Safetv and Health Training and Education Program NNW By Alderperson Efroymson: Seconded by Alderperson Gray WHEREAS, in 1985, the New York State Legislature passed legislation creating the Occupational Safety and Health Training and Education Program (OSHTEP) with the intent of reducing and preventing workplace injury and illness, and WHEREAS, OSHTEP is funded through a small surcharge on Workers' Compensation premium payments and is not funded through taxpayer based revenues, and 16 1.7 March 6 , 1996 WHEREAS, Governor Pataki, in his 1996-97 budget has proposed to eliminate OSHTEP and divert Workers' Compensation surcharge funds for the purpose of maintaining Department of Labor Regulatory programs, and WHEREAS, employees of the City of Ithaca and City of Ithaca residents have benefitted from occupational health and safety training provided through the Labor Coalition/Midstate Central Labor Council, AFL-CIO' s OSHTEP funded health and safety program, and WHEREAS, OSHTEP is the only funding source available for occupational health and safety training in New York State and such training will not be available to workers and employers should OSHTEP be eliminated; now, therefore, be it RESOLVED, That : 1 . The City of Ithaca calls on Governor Pataki and the State Legislature to restore OSHTEP funding to, at minimum, its current level of 7 million dollars per year. 2 . The City of Ithaca further calls on Governor Pataki and the State Legislature to maintain regular Department of Labor functions as part of the general budget and to cease pitting these functions against the OSHTEP Program. 3 . That the City Clerk be directed to send copies of the foregoing resolution to Assemblymen Luster and Silver, Senators Bruno and Seward, Governor Pataki, NYCOM, and Chuck Wynn at the Labor Coalition/Midstate Labor Council, AFL-CIO. Carried Unanimously * 18.4 Resolution to Agree to Proposed Compensation Program Regarding the County Solid Waste and Recycling Facility By Alderperson Efroymson: Seconded by Alderperson Shenk WHEREAS, the City of Ithaca raised significant opposition to the location of the Recycling and Solid Waste Center on the Commercial Avenue site, and WHEREAS, an agreement was reached that permitted the County to proceed with its plan, and WHEREAS, one of the conditions of that agreement stated that the Coulaty, subject to approval by the City, would adopt a formal program under which property and business owners would be compensated for the negative impacts, in any, of the new facility, and WHEREAS, despite much original opposition to the siting of the facility in its present location, the operation seems to have been successful in mitigating the impacts of such a facility, and WHEREAS, the County' s Neighborhood Advisory Committee for the Recycling and Solid Waste Center, consisting of residential and commercial representatives as well as elected County and City officials, has worked for several years to reach an agreement, and WHEREAS, that committee has recommended that the City endorse the compensation agreement, and WHEREAS, it is in the interests of surrounding properties to have a compensation plan in place in the event that future negative impacts are incurred by those properties, and WHEREAS, this agreement has been reviewed and recommended by the Tompkins County Solid Waste Committee and former Mayor Nichols; now, therefore, be it 17 March 6 , 1996 RESOLVED, That the Mayor be autho ized to execute the compensation agreement with Tompkins County reg rding the County Solid Waste and Recycling facility. Extensive discussion followed on he floor regarding the proposed compensation agreement with the C unty. A vote on the resolution resulted as follows : Carried Unanimously Report on Priorities for Cit -Cor ell Committee Alderperson Efroymson reported that the long-term priorities of the City-Cornell Committee include : increasing the number of bunkers in the Fire Department; providing reasonable access to Cornell libraries for the community; provi e assistance and access to youth services, specifically recreational events, program facilities, summer jobs; assistance for youth to attend Cornell . Alderperson Efroymson further stated that the following items are being discussed with Cornell departments : off-campus housing; providing assistance to the Building Department; economic development initiatives; cooperation and assistance to City departments; tutors for civil ser ice exams; financial investment possibilities in the community. Report on City Code Referendum Issue Alderperson Efroymson reported that the City Attorney' s Office will be conducting research regarding sections of the City Code which may need to be approved by public referendum. City Attorney Geldenhuys has reported that items going to public referendum need to be filed with the Board of El.e tions at least sixty days before the election. Alderperson Efroymson further rep rted that the Law and Governance AMOK Committee will be considering thi matter at the June meeting. City Attorney Guldenhuys noted th t her office will compile a list of the pertinent legislation f r discussion by the Law and Governance Committee . Report on Computer Issues Alderperson Efroymson reported th t the City currently has a page on the Internet, which includes i formation on meetings, etc. BUDGET AND ADMINISTRATION COMMITT E: * 19 . 1 Finance Chamberlain - Request Approval of Partial Waiver of Tax Penalty By Alderperson Shenk: Seconded b Alderperson Thorpe WHEREAS, the property owner at � 201 East Tompkins Street has requested an expungement of penalties on school tax bills, and WHEREAS, the City Chamberlain and Budget and Administration Committee have reviewed the request and supporting documentation and have determined that a portion of the total tax penalty of $235 . 55 should be waived; now, therefore, be it RESOLVED, That the City Chamberlain is hereby authorized to waive $112 . 90 of the total $235 . 55 tax enalty for the property owner at 201 East Tompkins Street . Carried Unanimously I * 19 . 2 Finance Chamberlain - ReCRLest to Extend County Tax Warrant By Alderperson Shenk: Seconded b Alderperson Gray RESOLVED, That the City Chamberlain be authorized to request the County of Tompkins to extend its warrant for collection of the 1996 taxes until May 31, 1996 . Carried Unanimously 1� 1.9 March 6 , 1996 * 19 .3 Finance/Chamberlain - Request to Deny Waiver of Tax Penalty. By Alderperson Shenk: Seconded by Alderperson Johnson WHEREAS, the property owner at 111 Cascadilla Park has requested an expungement of penalties on the 1995 first installment of taxes, and WHEREAS, the City Chamberlain and Budget and Administration Committee have reviewed the request and supporting documentation and have determined, based on New York State Real Property Tax Law, that the fai-lure of payment of taxes within the due date results in the collection of taxes and related penalties; now, therefore be it RESOLVED, That the request for tax penalty waiver be denied. Carried Unanimously * 19.4 DPW/Water & Sewer - Request to Temporarily Reduce Staff Support Hours By Alderperson Shenk: Seconded by Alderperson Marcham WHEREAS, Paige Rumsey, since returning from maternity leave, is working 14 . 5 hours per week at her position as Account Clerk/Stenographer and 17 . 5 hours per week out-of-title as a Principal Account Clerk, in Joanne Phillips' absence, and WHEREAS, Joanne Phillips, since covering for Paige Rumsey after her own maternity leave is working 20 . 0 hours per week, and WHEREAS, Beverly Klinko is currently working 16 . 0 hours per week as a temporary Account Clerk/Typist, and WHEREAS, the current arrangement was developed with the cooperation of the city to accommodate families, retain job skills, provide cross training, and currently does so at less expense to the city, and WHEREAS, the department is able to accommodate these particular arrangements; now, therefore, be it RESOLVED, That Paige Rumsey and Joanne Phillips be allowed to continue to work reduced hours, and be it further RESOLVED, That the 1996 Water and Sewer Personnel Roster be temporarily amended by reducing the full-time positions of Account Clerk/Stenographer and Principal Account Clerk from 35 hours per week to 32 and 20 hours per week respectively, through December 31, 1996, and be it further RESOLVED, That the temporary Account Clerk/Typist position continue to be established for up to 24 hours per week through December 31, 1996 . Carried Unanimously * 19 .5 Planning and Development - Request to Appropriate Capital Reserve Funds for Parking Study By Alderperson Shenk: Seconded by Alderperson Marcham WHEREAS, the Planning Department has recommended that a joint City of Ithaca and Cornell University Parking Study be performed to provide the City and Cornell with parking data of the neighborhoods surrounding Cornell University, and WHEREAS, the Planning Department has requested and received proposals for the proposed parking study and is recommending to hire the Transportation and Traffic Engineering Consulting firm of Travers Associates from Clifton, New Jersey, and WHEREAS, the proposed Parking Study is estimated at a total cost not to exceed $62 , 000 . , which includes; preliminary evaluations, confirmation of field conditions, parking surveys ,by use of aerial 19 20 March 6 , 1996 photographs, evaluation of parking needs, recommendations, meetings, and a summary report, and WHEREAS, Cornell University will split the total cost of the survey with the City of Ithaca with the city' s share of the project not exceeding $31, 000 . ; now, therefore, be it RESOLVED, That an amount not to exceed $31, 000 . be derived from Capital Reserve #14 Parking Areas for the purposes of funding the .ow City' s share of the joint City of Ithaca and Cornell University Parking Study. Carried Unanimously * 19 . 6 Attorney Recruest Funds gor Cost of Litictation Transcript By Alderperson Shenk: Seconded by Alderperson Hanna WHEREAS, the City Attorney' s Office had to produce transcripts of meetings of the Ithaca Landmarks Preservation Commission and the Planning and Development Board in connection with Heritage Coalition, et . al . v. City of Ithaca and Cornell University, and WHEREAS, the Court schedule did not allow sufficient time for production of these transcripts by City staff, and WHEREAS, the City Attorney' s Office has estimated the cost for the transcripts at $436 . 00; now, therefore, be it RESOLVED, That an amount not to exceed $436 . 00 be transferred from Account A1990 Unrestricted Contingency to Account A1420-435 for the purpose of funding said transcripts . Carried Unanimously * 19 .7 Attorney - Recxuest to Apptove Offer of Settlement from New York State for Appropriation of City Property by Eminent Domain (Meadow Street Arterial Project) By Alderperson Shenk: Seconded by Alderperson Gray WHEREAS, the State of New York in connection with the Meadow Street Arterial Project has, pursuant to Section 30 of the Highway Law and the Eminent Domain Procedure Law, appropriated certain parcels of land owned by the City of Ithaca, including Parcel 57 on Map 42 , and Parcel 74 on Map 56 of the Meadow Street Arterial Project, and WHEREAS, the State of New York has appraised the real estate interest it is appropriating and has made to the City an offer in the amount of $37, 800 . for the real estate interests, which offer is more particularly set forth in the agreement of adjustment and for advance payment, and WHEREAS, this Council has considered the values of property which is being appropriated by the State of New York, and WHEREAS, this Council has concluded that the offer made by the State of New York is equal to the full value of this property; now, therefore, be it RESOLVED, That the Mayor, subject to the advice of the City Attorney, is authorized to sign the agreements for advanced payment and such other documents as may be necessary to effectuate the transfer of these properties to the State of New York and secure to the City of Ithaca compensation for these properties . City Attorney Geldenhuys stated that this parcel is part of the Mancini property that the City acquired by eminent domain. She further stated that the value beikig offered is reasonable based on the original purchase price . City Attorney Geldenhuys noted that this appropriation will not remove the street access to the parcel . A vote on the resolution resulted as follows : Carried Unanimously 20 21 March 6 , 1996 * 19 . 9 Finance/Controller - Request Approval of City/County Sales Tax Agreement By Alderperson Shenk: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca is a part of Tompkins County and persons owning real property in the City of Ithaca pay not only City taxes to the City, but also pay County taxes to the County, and WHEREAS, the City provides certain services which benefit not only City residents but also residents of the County who reside outside the City limits, including but not limited to transit services, police protection, roads and bridges, parks recreation, youth and human services, and others, and WHEREAS, the City also provides certain services which are paid for out of the City' s general funds which are similar to services provided in the towns and villages that are paid for wholly or partially out of County general funds to which City residents contribute, and WHEREAS, the County has received the City' s support for New York State legislation which has authorized the County to charge, through November 30, 1997, an additional one percent for local sales taxes, producing a total local sales tax of four percent, and WHEREAS, the City and the County entered into an agreement dated March 18 , 1993 , pursuant to which the County agreed to pay over to the City of Ithaca for the period 12/1/93 - 11/30/94 the sum of $825, 000 for selected services provided by the City which benefit residents who reside outside the City as well as for services to town and village residents which are paid for in whole or in part by County funds while similar services are paid for in the City by City funds, and WHEREAS, the abovementioned March 18, 1993 agreement also provided that the City and the County would develop mechanisms for more efficient consolidation of services and followed through on this by negotiating an amendment to the March 18 , 1993 agreement with respect to human services funding which was dated November 8 , 1993 , have negotiated a draft agreement with respect to youth services, and have participated in consolidation planning for transit services, and WHEREAS, it is therefore now possible, as intended by the March 18 , 1993 agreement to revise that agreement to provide an overall mechanism by which the County will contract with the City for human services, youth services, and transit services, and WHEREAS, the City wishes to further the spirit of cooperation between the City and the County; now, therefore, be it RESOLVED, That the Mayor is hereby authorized to enter into the agreement dated March 6 , 1996 with the County of Tompkins for said sales tax agreement, and be it further RESOLVED, That the City of Ithaca' s support for the New York State legislation for the additional one percent for local sales taxes is provided in consideration of the County of Tompkins' agreement to provide payment of certain sums to the City of Ithaca and by the City of Ithaca for services which the City provides, as outlined in said agreement, such sum shall increase or decrease from $867, 323 in 1996 based on the percentage change in the reconciled distribution of sales tax proceeds as outlined in said agreement and to be adjusted in subsequent years as outlined in said agreement, and be it further RESOLVED, That the Mayor is hereby authorized to take all appropriate steps to effectuate the terms of such agreement . 21 20 March 6 , 1996 City Controller reported to Counc l regarding changes made to the agreement, and answered questions from Council members . A vote on the resolution resulted as follows : Carried Unanimously * 19 . 10 DPW/Finance Request to' Amend 1996 Budget for City Golf Course Activity By Alderperson Shenk: Seconded hV Alderperson Johnson WHEREAS, the Board of Public Wo ks has undertaken a program to consolidate the golf course opera ions for 1996 and beyond, and WHEREAS, bids were sent out to lea�e the food and beverage and Golf Pro concessions portions of the gplf course for 1996 , and WHEREAS, no bids were received prompting a need to examine the golf course operations for 1996 and ! making the appropriate budget adjustments; now, therefore, be it RESOLVED, That the 1996 operatinV budget for the golf course be amended as follows : Increase Revenue Account : A2013 Golf Course Concession $31, 700 Increase (or deletion of) Ap ropriation Accounts : A7250120 Part-time Seasonal ($2 , 000) A7250-410 Utilities 5, 900 A7250-465 Concessions 26 , 300 A7250-475 Property! Maintenance 1, 500 and be it further RESOLVED, That the golf i. subcom ttee meet with City staff to examine and establish a five year plan for the golf course, including and not limited to rebidding concessions and leasing out the entire golf facility and operations, and be it further RESOLVED, That the Common Council directs staff to continue to make appropriate golf club house building renovations as approved in the 1996 Budget . Carried Unanimously NEW BUSINESS• Resolution in Honor of Harlin Mc wen By Alderperson Marcham: Second d by Alderperson Gray WHEREAS, Harlin R. McEwen served the citizens of the City of Ithaca as their Police Chief from Octo er 24 , 1988 , until February 16 , 1996 , and WHEREAS, Chief McEwen served the City with distinction, dedication, tireless energy and courtesy, and was attentive to the needs of both the public and his department, and WHEREAS, Chief McEwen has improv4d the department' s operations by promoting sound administration, community policing, the hiring of more women and minorities, techni al progress including the use of computers, and other advances ton numerous to mention, and WHEREAS, Chief McEwen has oducated public officials in understanding how the police dep rtment operates, and has earned greater respect for the department from the general public, and WHEREAS, the Federal Bureau o ' Investigation, in an unusual exercise of its powers of detecti;n, has recognized this small-city Police Chief' s uncommon talents Iiin leadership and technology and has hired him away as the FBI' s deputy assistant director in charge of Criminal Justice Informations Services, now being modernized through the use of nationwide computer networks, and 2;2 i 23 March 6 , 1996 WHEREAS, 227 of Chief McEwen' s close friends, family members and colleagues from the City, County, Village of Cayuga Heights, New York State Division of Criminal Justice Services, and Central New York and New York State Association of Chiefs of Police, all of which he has served in leadership positions, along with top State officials from the New York State Police, Drug Enforcement Administration and the FBI , gathered here on March 2 , 1996 , at a farewell dinner in his honor; now, therefore, be it RESOLVED, That the members of Ithaca' s Common Council regret Harlin McEwen' s departure but share his enthusiasm and confidence as he faces new challenges in Washington, D.C. , wishes him success in his new position at the FBI (shape ' em up, Mac ! ) and award him the title of Honorary Resident of the City of Ithaca. Carried Unanimously EXECUTIVE SESSION: By Alderperson Blumenthal : Seconded by Alderperson Shenk RESOLVED, That Common Council adjourn into Executive Session at 11 : 30 p.m. to discuss personnel matters and contract negotiations . Carried Unanimously RECONVENE: Common Council reconvened into Regular Session at 11 : 55 p .m. Mayor Cohen announced that the CSEA Administrative Unit Labor Contract was discussed, and no action was taken. Mayor Cohen further reported that a Workers Compensation claim was discussed, and Common Council introduced the following Resolution: Request to Permit City Attorney/Personnel Administrator to Settle Workers Compensation Claim By Alderperson Shenk: Seconded by Alderperson Johnson RESOLVED, That the City Attorney be hereby authorized to settle a Workers Compensation claim, involving Police Department personnel Thomas Yetzer, with the City' s Workers Compensation Insurance Company, General Accident, in an amount not to exceed $14 , 746 . Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11 : 58 p.m. Julie Conley Holcomb Alan J./Cohen City Clerk Mayor 23